Ravi @ Nadaiyappan v. State By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.9368 of 2022 Ravi @ Nadaiyappan .. Petitioner Vs.
State rep. by The Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai District, (Crime No.163 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.163 of 2022 on the file of the Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai District.
For Petitioner : Mr.T.Shanmugam For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 11.04.2022 for the offences punishable under Sections 273, 328 IPC and Section 24(1) of COTPA Act in Crime No.163 of 2022, on the file of the respondent police, seeks bail.
2.The petitioner herein was found in possession of three varieties of banned tobacco products totally weighing about 2.100 kgs.
3. The learned Counsel for the petitioner states that the petitioner is a petty shop owner and he has no bad antecedents. Hence, he seeks for grant of bail to the petitioner.
4. Considering the facts that contraband already seized from the petitioner and presence of the petitioner is no more required, this Court is inclined to grant bail to the petitioner with a condition that the petitioner shall stay at Vellore until further orders.
5. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;
(a) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Tiruvannamalai.
(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner shall report before the Vellore South Police Station daily at 10.30.a.m., until further orders. (d) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 25/04/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, NO.I, TIRUVANNAMALAI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI(FOR INFORMATION) 3 INSPECTOR OF POLICE TIRUVANNAMALAI TOWN POLICE STATION, TIRUVANNAMALAI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.
6 THE OFFICER INCHARGE, VELLORE SOUTH OPLICOE STATION, VELLORE CC to M/S.T.SHANMUGAM Advocate on payment of necessary chargesSr.6132 CRL OP.9368/2022 Date :25/04/2022 RVR 26/04/2022